Siloxane Permit and Alkane SNAc Notice

Summary#

This Canada Gazette notice collects several actions from the Department of the Environment under the Canadian Environmental Protection Act, 1999. Key items: a permit with conditions for manufacturing or importing a specific siloxane (came into force July 19, 2024); a Significant New Activity No. 21755 rule that requires advance notice before using a particular alkane mixture in cosmetics or consumer products above 1% by weight (with a temporary 100 kg allowance until August 10, 2025); a proposed equivalency agreement with Nova Scotia on greenhouse gas rules open for comment for 60 days; and a small amendment that removes CAS 1538608-23-9 from a non-domestic list.

What it does#

• Ministerial Condition No. 21885 (siloxane CAS 115361-68-7)

  • Allows the person who submitted required information on May 24, 2024 (the “notifier”) to manufacture or import the substance, but only under strict conditions.
  • Requires the notifier to give the government at least 120 days notice before starting manufacturing in Canada and to provide details such as annual quantity, facility address, exposure and release information, and process diagrams.
  • Forces immediate action and reporting if the substance is accidentally released to the environment.
  • Requires the notifier to warn anyone they transfer the substance to about these conditions and to keep records (quantity, transfers, uses) for at least five years.
  • Came into force on July 19, 2024.

• Significant New Activity Notice No. 21755 (alkanes, C4-8-branched and linear, CAS 2529890-37-5)

  • Declares that using the substance in the manufacture or in the distribution for sale of a cosmetic or consumer product (other than as a fuel additive) where it is present at more than 1% by weight counts as a “significant new activity.”
  • Anyone planning such a use must submit a notification to the Minister at least 90 days before starting, with information about quantities, exposure, toxicity testing (including reproductive/developmental studies for dermal and inhalation routes), and other data.
  • Transitional rule: between publication and August 10, 2025, the notification trigger is use above 100 kg (in products over 1%). After that, the lower 1% by weight rule applies regardless of quantity.
  • The notice is intended to gather toxicity and exposure information because of reproductive and developmental toxicity concerns.

• Equivalency agreement (federal–Nova Scotia)

  • The proposed Agreement on the equivalency of federal and Nova Scotia regulations for the control of greenhouse gas emissions from electricity producers in Nova Scotia is posted on the department’s Environmental Registry.
  • The public has 60 days from the notice (published August 3, 2024) to file comments or objections. Contact: Karishma Boroowa at Environment and Climate Change Canada (email provided in the Gazette).

• Amendment to the Non‑domestic Substances List

  • Deletes CAS 1538608-23-9 from Part I of the Non‑domestic Substances List.
  • The change takes effect when a linked order amending the Domestic Substances List comes into force.

Who's affected#

• Companies that currently make, import, distribute, or plan to use the named chemicals:
  • The notifier named in the ministerial condition (the Gazette does not publicly identify that company beyond the submission date).
  • Manufacturers and importers of cosmetics and other consumer products that may contain alkanes, C4-8 at concentrations above 1% by weight.
  • Suppliers and downstream users who receive or handle these substances (they must be informed and keep records).
• The electricity sector and provincial government in Nova Scotia, plus environmental groups and industry stakeholders who may want to comment on the proposed equivalency agreement.
• The change to the Non‑domestic Substances List mainly affects companies or regulators tracking specific CAS entries; the practical impact depends on the linked Domestic Substances List amendment.

Why it matters#

• These items are about managing potential health and environmental risks before wider use or manufacture takes place. The ministerial condition and the Significant New Activity notice force companies to provide safety and exposure information and to take precautions if releases occur.
• For consumers: the SNAc could limit or delay the appearance of products (cosmetics or other consumer goods) that use the specified alkanes at higher concentrations until safety data are reviewed.
• For industry: the rules add planning and reporting requirements (notifications 90–120 days in advance, record-keeping, testing) that affect product formulation, timelines, and compliance steps.
• For the public and stakeholders in Nova Scotia: the equivalency agreement offers a chance to comment on how federal and provincial greenhouse gas rules will align for electricity producers.